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GARCIA v. STATE

No. 2 CA-HC 79.

7 Ariz. App. 524 (1968)

441 P.2d 559

In the Matter of the Application of Raul M. Garcia For a Writ of Habeas Corpus. Raul M. GARCIA, Petitioner, v. The STATE of Arizona ex rel. Frank A. EYMAN, Warden, Arizona State Prison, Respondents.

Court of Appeals of Arizona.

As Amended on Denial of Rehearing June 5, 1968.

Attorney(s) appearing for the Case

Raul M. Garcia, in pro. per.

Darrell F. Smith, Atty. Gen., Phoenix, for respondents.

HATHAWAY, Chief Judge.

Raul M. Garcia filed a petition for a writ of habeas corpus in Pinal County Superior Court challenging his conviction of petty theft with a prior conviction and the sentence imposed thereon.1 The grounds of challenge are:

1. Illegality of prior conviction of petty theft because of failure to appoint counsel. 2. The trial court did not find him guilty of the prior conviction before sentencing him...

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